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Representative for HKBP congregation in West Java tells court sealing was illegal.

JAKARTA, Indonesia, June 18 (CDN) — In a hearing in its lawsuit against a local government, a representative for a church that Bekasi, West Java officials summarily closed earlier this year told an administrative court that the action was unconstitutional.

The Huria Kristen Batak Protestan (HKBP) Filadelfia church had filed a lawsuit on March 30 against the local government for its Jan. 12 sealing of the building under construction. Regent H. Sa’adudin on April 12 issued a decree to cease worship and other activities.

At a court hearing on June 2, the coordinator of the litigation team, Thomas Tampubolon, explained that the regent’s decree of Dec. 31, 2009 to seal the building conflicted with Indonesia’s 1945 constitution. He said the decree violated Article 28 of the constitution, which guarantees freedom of religion.

“It also violates Article 29, which guarantees freedom of worship, and Law No. 39 (1999) concerning human rights,” Tampubolon said as he read the suit to an administrative court.

Tampubolon said that the decree also violated 2006 Joint Ministerial Decree No. 9 regarding the role of regional administrators in maintaining harmony between religious groups and in the construction of houses of worship.

Lastly, he said that the regent’s decree violated the International Covenant on Civil and Political Rights, which Indonesia ratified in 2005. The legal team requested that the Bandung Administrative Court issue an injunction staying the decree of the Bekasi regent.

Additionally, the team requested that the regent’s order be rescinded and that he be ordered to process the building permit request and to grant permission to construct a house of worship in accordance with current regulations.

Deddy Rohendi, a member of the regency defense team, replied that Tampubolon’s claims were false, and he requested that the court dismiss the suit.

“The regent’s decree was legal,” Rohendi said.

As the judges are considering the HKBP Filadelfia’s case, they are expected to travel to the village to interview citizens about the church building.

A member of the legal team who is also a member of the church, Parasian Hutasoit, said that the Filadelfia congregation was very upset with the Department of Religion and the Interfaith Harmony Forum because neither had acted upon the request for permission to build which was submitted on April 2, 2008.

“Our application has not been acted upon, and suddenly our church is sealed without clear reason,” he said.

Hutasoit said he regretted that the church had been forced to resort to court action. He added that he hopes the suit will force the government to show more care regarding the problem of places of worship and ensure the rights of groups such as HKBP Filadelfia that have obtained the required signatures of local people.

Harrassed

Prior to the hearing, Muslim opponents harassed the church’s Sunday worship, demonstrating against it on May 30, as they have on past occasions.

The group of women and children said they were from the Islamic Communications Forum of Jejalan Raya village. They gathered at 8 a.m. in order to hinder church members from worshipping in the area in front of the sealed building.

The Rev. Palti Panjaitan explained that the demonstration lasted about 15 minutes, ceasing after a community leader from Jejalan Raya village told the demonstrators they were causing a disturbance. Worship for the church is normally from 9 to 11 a.m.

“Only the building committee and the church leaders had come,” said Panjaitan.

He recounted that on May 27 the church learned a mob was going to demonstrate the next day and notified police.

“Apparently the demonstrators thought that because Friday was a holiday, we would have services,” Panjaitan said. “Actually, we did not have anything.”

He wished that the police would be more proactive about demonstrations. “As for the demonstrators, what more do they want? We have been forced to worship under the sky, on newspapers, in front of our sealed church, and they still demonstrate against us,” Panjaitan concluded.

On Jan. 3, a mob unrolled mats and sat in front of the church. “They wanted to keep us from worshipping,” Panjaitan said.

Seal Order

The Filadelfia Church was founded in April 2000 by Batak families in four village divisions in the North Bekasi area. They held Sunday worship in different homes on a rotating basis.

Citizens from the Islamic Communications Forum of Jejalan Raya village were disturbed by these house services. After the house services were banned, the congregation searched for a piece of land on which to build.

On June 15, 2007, HKBP Filadelfia was able to purchase land from a woman identified only as Sumiati. The Christians told her that they wished to build a church on the property, and Sumiati and her heirs signed affidavits stating that they agreed to this use. The Bekasi government issued the deed on Sept. 26, 2007.

After the purchase, the church began collecting signatures of local citizens in order to satisfy the requirements of 2006 Joint Ministerial Decrees No. 8 and No. 9 requiring at least 90 Christians and at least 60 non-Christians agreeing to construct a church building.

The church quickly obtained the required signatures, and on April 2, 2008 the head of Jejalan Raya village issued a letter recommending that the congregation be given a building permit. The letter was addressed to the Regent of Bekasi with copies to the Department of Religion, the Interfaith Harmony Forum and the District Officer of Tambun Utara (a sub-district of Bekasi).

Since then, nothing has been done. No building permit has been issued. Since Jan. 12 the Bekasi Regency Government has sealed the temporary building the church had been using. As a result, the congregation has been holding services in front of the building fence in the open air.

Authorities in Bekasi, West Java run into determined lawyer, congregation.

BEKASI, Indonesia, March 11 (CDN) — Efforts by local officials in this city in West Java to close a church met with stiff resistance this month, as a defiant lawyer and weeping women refused to allow it.

Women of the Huria Christian Protestant Batak Church (HKBP) cried in protest as officials from the Bekasi Building Department on March 1 placed a brown signboard of closure on the church building in Pondok Timur, Bekasi, 12 miles (19 kilometers) from Jakarta.

The seal stayed in place for about two minutes before some of the shrieking women tore it down. The sign was trampled as furious church members stampeded over it, shouting and screaming. Bekasi city officials turned and ran as the congregation fanned out.

The defiance followed a heated debate within the same church building minutes before, as the Christians had invited the Bekasi officials inside to discuss the matter when they arrived to seal the building. The discussion soon became heated as a city official asserted that the church did not have a building permit.

The church had applied for a worship building permit in 2006, but local officials had yet to act on it, according to the church’s pastor, the Rev. Luspida Simanjuntak.

At the meeting inside the church building, attorney Refer Harianya said that the sealing process was illegal, as it requires that public notice be given.

“HKBP has never seen nor received the formal order and has not acknowledged such an order by signing a receipt,” Harianya said. “In addition, public notice must be given in the form of formal reading of the order.”

Harianya added that the legal basis for sealing the church was weak. The Joint Ministerial Decree revised in 2006 clearly states in Paragraph 21 that when there is a problem with the building of a house of worship, it must be solved through formal consultation with local residents, he said.

“At this stage, resolution has not taken place,” he said.

Harianya said that in case such a consultation failed to resolve conflicts, then the mayor may consult with the Department of Religion – “in a just and non-prejudicial manner” – taking into account suggestions from the Interfaith Harmony Forum.

“On this point, up to March 1, the church has never been invited to talk with the mayor,” he said.

The Joint Ministerial Decree had not been correctly applied in the sealing of the church, Harianya concluded, adding that contested cases could always be taken to court.

“We still have some legal avenues open,” he said. “This is not the time for a surprise sealing.”

Harianya also cited Mayor Decree No. 16 (2006) regarding the construction of a house of worship in Bekasi City, where Article 11 states that before a building is sealed there must be three written notices given. This process also had not been carried out, he said.

“Because you have not followed the procedures which I have outlined, we will act as if the sealing never took place,” Harianya told city officials as members of the congregation cheered.

The sealing of the church would thus be illegal, so the government had broken the law, he said. Harianya said that HKBP members would not hinder officials from carrying out their duties, but that they would be named in a lawsuit.

One of the officials, identified only as Pemana, responded, “Go ahead and sue.”

“If the seal is in place,” Harianya said, “We can break it because the act of sealing is illegal. Agreed?”

“Agreed,” answered the 75 parishioners present.

With the meeting ending in a deadlock, city officials prepared to place the signboard to seal the church, with the ensuing tumult.

Mayor Fails to Show

Prior to the showdown, at 10 a.m. Pastor Simanjuntak, the Rev. Pieterson Purba and Harianya had a scheduled a meeting with Bekasi Mayor Mochtar Mohamad – promised by an official named H. Junaedi during a demonstration on Feb. 28 – only to discover that the visit had not been placed on the mayor’s schedule.

As they waited, Pastor Simanjuntak received a mobile phone call saying that city building officials were at the church site and had been there since 9 a.m.

The following day, March 2, the HKBP leaders and leaders from three other churches were able to meet the mayor, who promised to help them find new places of worship. While they waited for the new sites, the mayor suggested, the HKBP church could use a multipurpose room belonging to the Social Department starting March 7.

Subsequently, Pastor Simanjuntak and members of the congregation rejected the proposal, reasoning that moving somewhere else was equivalent to being ejected from their building.

Worship resumed as usual at 7 a.m. on Sunday, March 7, under the strict watch of police and soldiers who had stood guard all night. The service finished two hours later without incident.

“Because this was a congregational decision, from next Sunday onwards we will be holding services in the house of worship here at No. 14 Puyuh Raya Street,” said Pastor Simanjuntak.

Death of Christian worker leads at least one other group to consider postponing relief work.

ISTANBUL, October 29 (Compass Direct News) – Aid agencies are reviewing the viability of their presence in Afghanistan following the murder of Christian aid worker Gayle Williams, who was killed in Kabul last week in a drive-by shooting.

This latest attack in the heart of Kabul has added to the sense of insecurity already felt by in-country foreign aid workers due to the recent escalation in violence by insurgent groups.

“[There is] gradually encroaching control by the Taliban of the regions outside of the cities and the roads in between, and now it looks like the ability to operate even inside the cities as well,” said Mike Lyth, chairman of Serve Afghanistan, a humanitarian organization that has worked with Afghans since the 1970s. “It’s very difficult – I mean, how do you stop somebody riding in on a motorcycle?”

Dan McNorton, public information officer for the U.N. Assistance Mission in Afghanistan (UNAMA), told Compass that despite the worsening situation, the United Nations had a 50-year history with Afghanistan and its commitment to the country and its people remained “absolutely solid.”

“There is no indication from the NGOs or humanitarian and other aid organizations that are here that there is any desire or decision for them not to be here, not to carry out the good work that they are here to do,” he said.

In light of recent events, however, Serve Afghanistan’s Lyth believes that aid agencies will have to reconsider their presence in the country.

“Each time something like this happens they have a review,” he said. “We’re certainly going to be reviewing [our position] this next week.”

A recently issued U.N. report stated that there were more than 120 attacks targeting aid workers in the first seven months of this year alone. These attacks saw 92 abducted and 30 killed.

“Yesterday I was talking to one agency that has decided to postpone their work in the country in response to the attacks,” said Karl Torring of the European Network of NGOs in Afghanistan. Other agencies he represents, however, are not so quick to make a decision.

“So people say, ‘Well, we are committed to the Afghans but how many lives is it worth in terms of foreigners and Afghani staff as well’” said Lyth.

Speaking at a news conference following the death of Williams, Humayun Hamidzada, spokesman for President Hamid Karzai, issued a warning to international aid workers in Kabul.

“The international workers based in Kabul, be it with the aid agencies or in the private sector, should get in touch with the relevant police departments, review their security measures and make sure they take necessary precautions while they commute,” he said according to Voice of America.

Taliban insurgents have claimed responsibility for Williams’ death, and in a telephone interview with Reuters they cited the spreading of Christian “propaganda” as the reason for the attack.

Williams, 34, a dual citizen of Britain and South Africa, had recently been relocated to Kabul from Kandahar due to fears over safety after recent attacks against civilians.

A volunteer with Serve Afghanistan for two years, she was walking to her office when she was shot dead by two men riding a motorcycle.

Serve Afghanistan provides education and support for the poor and disabled and, according to Lyth, has a strict policy against proselytizing.

Doubting a purely religious motive, some have questioned the Taliban’s charge against Williams of proselytizing. Sources have suggested that Williams was targeted more as a Western woman than as a Christian, considering the presence of easily identifiable religious groups in the country, such as various Catholic orders, and in light of the scope of previous attacks.

“A month before, they had killed three women from a secular agency and said they were spies,” said Lyth. “They pick whatever reason, to get them off the hook and give them some valid reason for attacking women. There’s been a major spate of attacks on women rather than anybody else.”

In a meeting of the U.N. Security Council earlier this month, UNAMA head and U.N. Special Representative in Afghanistan Kai Eide suggested that the Taliban attacks were designed to attract media attention as they sought to demoralize and hinder reconstruction efforts.

“I think everyone agrees the Taliban are winning the public relations war in Afghanistan,” said Torring.

A recent report by Voice of America pointed out that many of Afghanistan’s reconstruction projects rely heavily on foreign management and training efforts. The attempts of the Taliban to destabilize foreign presence could greatly undermine these projects and have severely detrimental effects on the nation.

U.N. figures state that violent attacks in the country are up from the 2003 monthly average of 44 to a monthly average of 573.